TRADEMARKS FILING AND PROSECUTION EGYPT
A trademark is a sign that is registered to distinguish a product or service in commerce. There are other types of signs used in trade that can also be registered with the Egypt IP Office, such as logos, designations of origin, geographical indications, collective marks and certification or guarantee marks.
In order to legally protect a trademark or other sign used in commerce, it is necessary to register it with the Egypt IP Office. In Egypt, trademark protection is granted according to the provisions of Law No. 82 of 2002 on the Protection of Intellectual Property Rights, Egypt.
Trademark in Egypt may be designated by the following symbols:
- ® (for a registered trademark)
- ™ (for an unregistered trademark)
A trademark is typically a name, word, phrase, logo, symbol, design, image, or a combination of these elements. There is also a range of non-conventional trademarks comprising marks which do not fall into these standards categories, such as those based on colour, smell, or sound.
A trademark provides protection to the owner of the mark by ensuring the exclusive right to use it to identify goods or services, or to authorize another to use it in return for payment. Trademark protection also hinders the efforts of unfair competitors, such as counterfeiters, to use similar distinctive signs to market inferior or different products or services.
The owner of the registered trademark may initiate legal proceedings for trademark infringement to prevent unauthorized use of that trademark, and can license it to the third parties, sell it in return of sum, use it raise equity for business undertakings.
| Relevant office | Trademarks and Industrial Designs Office Internal Trade Development Authority Ministry of Trade and Industry (ITDA) |
| Filing principle | First to file |
| Nice classification | YES |
| Paris convention | YES |
| Madrid system | YES |
| Multi class system | YES |
| Documents required for filing a trade mark application | Name and address of the applicant, clear representation of the trademark, list of goods and/or services and legalized Power of Attorney. |
| Prosecution process | Filing, examination, publication, registration, renewal |
| Registration term | 10 years from the date of application. |
| Renewal term | 10 years |
Trademark searches in Egypt
Under the “First to File” principle, if any other applicants file applications for the identical or similar trademark used for identical or similar goods and services after the first applicant has applied, those later applications will be refused.
Therefore, it is advisable to conduct a trademark search prior to filing a trademark application to ascertain the availability of trademarks, existence of prior identical/similar marks on the register etc., so as to avoid any objection and opposition with respect to the mark.
A trademark search in Egypt can be conducted for word mark, numbers, images, etc. It is advisable to conduct comprehensive trademark clearance search in Egypt to ascertain availability of the proposed mark and also to overcome any objection and opposition with respect to mark later on.
Along with trademark search, it is also advisable to do a comprehensive company search and domain search of the proposed trademark in Egypt.
Filing trademark applications in Egypt
A person may file multi-class or single class trademark application in Egypt.
Trademark application can be filed in the following categories:
- Ordinary Applications
- Convention application (claiming priority from a convention country)
Ordinary application in Egypt
Ordinary trademark applications filed in Egypt are applications without claiming any priority. Multi class trademark applications may also be filed in Egypt. However, the trademarks act also lays down provisions regarding the filing of priority applications, wherein priority of the mark can be claimed in the said mark filed in a convention country.
Priority trademark applications in Egypt /Convention trademark applications Egypt:
A priority trademark application may be filed in Egypt. A priority trademark application should be filed in Egypt within 6 months after the date on which the application was made in the convention country.
Paris convention
The Paris Convention for the Protection of Industrial Property, signed in Paris, France, on March 20, 1883, established a Union for the protection of industrial property. It offers national treatment to the applicant residing in the member country of the union, in other words. National treatment is a very important concept and is essential for successfully achieving the fundamental aim of the Paris Convention. The idea is to provide equal treatment to applications from member countries, in a given member country and not to differentiate between the nationals of member countries for the purpose of grant, and protection of industrial property. Priority application can be filed in Egypt within six months after the date on which the application was made in the Convention Countries.
Trademark classes for goods and services
Egypt follows the nice classification of classes. Intellectual property office of Egypt uses the nice classification of classes that groups together similar goods or services into 45 different classes. Classes 1 to 34 are assigned for the goods and classes 35 to 45 are assigned for the services. Each class contains well defined list of terms and cover all the goods and services.
Trademark Examination in Egypt
Once the application for the registration is submitted it goes through the examination process which consists of examination on the basis of Absolute and relative grounds (conflicts with an earlier, pre-existing right) of refusal.
The following shall not be registered as trademarks or components thereof:
(1) Marks devoid of any distinctive character, or composed of signs or statements which only usage grants to the products, or which are the normal picture or image thereof.
(2) Any mark which is contrary to public order or morality.
(3) Public armorial bearings, flags and other emblems pertaining to the State or any other state, regional or international organizations, as well as any imitations thereof.
(4) Marks which are identical with, or similar to, symbols of religious character.
(5) Symbols of the Red Cross or Red Crescent, or any other emblem of the same character, as well as any imitations thereof.
(6) The portrait of an individual or his armorial bearings, except with his consent.
(7) Designations of honorary degrees which the applicant is unable to prove his right thereto.
(8) Marks and geographical indications which are likely to mislead or confuse the public or which contain false descriptions as to the origin of products, whether goods or services, or their other qualities, as well as the signs that contain an indication of a fictitious, imitated or forged trade name.
Trademark Opposition in Egypt
Any interested person, within 60 days from the date of publication of the mark in the Official Bulletin, has the right to file to the Controller an opposition to the registration of the mark.
Trademark registration in Egypt
After the examination, opposition process is completed and the mark is accepted for registration, the mark will be registered for a period of 10 years from date of application, and the registration certificate is issued.
Trademark Renewal in Egypt
You can renew your trademark right by filing a request for renewal six (6) months before the trademark right expires.